A concessionaire at certain public entertainment facilities or zones may let a patron carry an alcoholic beverage into or out of licensed premises if specific container, purchase, and location conditions are met.
Sec. 108.82. ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC ENTERTAINMENT FACILITIES AND ZONES. (a) This section applies only to: (1) a public entertainment facility that is owned or leased by the Texas State Railroad Authority and used as a station for passenger rail services; (2) a public entertainment facility that is a stadium, arena, or other permanent structure that is used for sporting events and: (A) relating to which an agreement approved by the administrator under Section 108.79 is in force; and (B) for which all alcoholic beverage permits and licenses are held by a single holder; or (3) a public entertainment zone. (b) Notwithstanding Section 28.10, the concessionaire for a public entertainment facility or a public entertainment zone described by Subsection (a) may allow a patron who possesses an alcoholic beverage to enter or leave a licensed or permitted premises within the facility or zone if the alcoholic beverage: (1) is in an open container, as defined by Section 49.031, Penal Code; (2) appears to be possessed for present consumption; (3) except as provided by Section 48.04(e), remains within the confines of the facility or zone, excluding a parking lot; and (4) was purchased legally at a licensed or permitted premises within the facility or zone. (c) A license or permit may be issued for a premises located in a facility described by Subsection (a)(1) in an area in which the sale of alcoholic beverages has not been authorized by a local option election if the area has been annexed by a municipality in which the sale of alcoholic beverages has been authorized by a local option election. A facility described by this subsection has the same local option status as the municipality. (d) For a facility described by Subsection (a)(1), a concessionaire under Subsection (b) may include a licensee or permittee of the manufacturing tier. Added by Acts 2013, 83rd Leg., R.S., Ch. 54 (H.B. 893), Sec. 1, eff. May 18, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 409 (H.B. 2339), Sec. 1, eff. June 10, 2015. Acts 2019, 86th Leg., R.S., Ch. 230 (H.B. 2196), Sec. 3, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 131 (H.B. 2127), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 131 (H.B. 2127), Sec. 3, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 2.001(c), eff. September 1, 2021.